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(영문) 광주지방법원 2019.09.05 2019고단2534
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On July 12, 2018, the Defendant was sentenced to imprisonment with prison labor for four months as a crime of obstruction of performance of official duties in the Gwangju District Court’s net support on July 12, 2018, and the judgment on July 20, 2018 becomes final and conclusive and is still under probation

【Criminal Facts】

On June 26, 2019, at around 02:21, the Defendant driven a fluent car under the influence of alcohol content of about 0.22% at the 1.5km section from the front of the “C” week in the Dong-gu Seoul Metropolitan City to the front of the clothing store located in the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Criminal records: Inquiries and inquiries, and application of court rulings and statutes;

1. Relevant Article of the Act and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of a fine concerning the crime, the selection of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order has committed a crime that leads to the reduction of drinking alcohol during the period of suspension of execution, and the blood alcohol concentration (0.22%) at the time is very high, it is necessary to strictly punish the defendant.

However, a fine shall be selected in consideration of the fact that the defendant has no history of criminal punishment due to a drunk driving, and there is no particular criminal record except for a criminal record, and that the defendant must support nine dead children who are the most economically difficult family as the defendant's single-parent family.

In addition, the punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the motive for drinking alcohol driving, the place and distance where drinking alcohol driving is conducted, the circumstances after the crime, the defendant's age, character and conduct, environment, family relationship, etc.

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